Tag Archives: Judge Buchwald

Second Circuit Affirms Judge Buchwald in Trump Twitter Case

In the ongoing case regarding whether President Trump can block individual Twitter users under the First Amendment (see our previous coverage here), the Second Circuit earlier this week affirmed Judge Buchwald’s earlier ruling that the president’s Twitter account is a public forum and that blocking individual users represented unconstitutional viewpoint discrimination.… Continue Reading

Judge Buchwald: No “Coddling” of Plaintiffs in Suit Over Junior Mints

This week, Judge Buchwald dismissed a complaint against Tootsie Roll Industries, makers of the candy Junior Mints, claiming that packages of Junior Mints contained “non-functional slack-fill” which mislead consumers as to the amount of product contained in the package. Judge Buchwald noted that the labeling on the package, including the estimated servings in each package, … Continue Reading

Judge Buchwald: Trump Can’t Block Twitter Users Under First Amendment

In an opinion yesterday, Judge Buchwald found that President Trump’s practice of blocking users on Twitter (typically after they post a comment critical of the President) violates the First Amendment. The plaintiffs (who included individual users as well as the Knight First Amendment Institute) claimed that preventing them from viewing comments, replying to tweets, and participating … Continue Reading

In Trump Twitter Case, Parties Dispute Whether President’s Tweets Are Government Action; Judge Buchwald Floats “Muting” Compromise

Last week, Judge Buchwald heard oral argument (see transcript here) on summary judgment motions in Knight First Amendment Institute v. Donald J. Trump (see our previous coverage here). The suit alleges that President Trump and others violated the First Amendment when they blocked Twitter users who wrote tweets critical of the president.  The plaintiffs claim that preventing them from … Continue Reading

Second Circuit Reverses Dismissal of LIBOR Antitrust Claims

In an opinion Monday, the Second Circuit reversed Judge Buchwald’s dismissal of antitrust claims based on the alleged manipulation of LIBOR (covered here).  Judge Buchwald ruled that the process of establishing LIBOR was a “cooperative” endeavor that, even if manipulated, would not cause harm to competition for purposes of the antitrust laws.  The Second Circuit disagreed: … Continue Reading

Judge Buchwald Rejects Student Loan Borrower Claims in LIBOR Litigation

As part of the ongoing LIBOR litigation (previous coverage here), Judge Buchwald dismissed yesterday claims brought by student loan borrowers claiming that LIBOR manipulation both constituted fraud and ran afoul of state laws preventing banks from controlling a floating interest rate.  Judge Buchwald held that the student loan plaintiffs could not show that lenders had made any … Continue Reading

Judge Buchwald Issues 433-Page Ruling Largely Allowing Individual LIBOR Fraud Cases to Proceed

In a wide-ranging 433-page ruling yesterday, Judge Buchwald concluded (among many other things) that certain individual plaintiffs could bring fraud claims against banks they accuse of manipulating LIBOR. The introduction of the opinion notes that the fraud claims present the plaintiffs, after four years of litigation, with a potential “comprehensive remedy”:… Continue Reading

In Allowing Foreign Exchange Price-Fixing Case to Proceed, Judge Schofield Disagrees With Judge Buchwald’s LIBOR Ruling

In an opinion yesterday, Judge Schofield denied various banks’ motion to dismiss a price fixing case concerning a foreign exchange benchmark called the “Fix.” Notably, Judge Schofield distinguished her ruling from Judge Buchwald’s ruling dismissing a similar case concerning the LIBOR benchmark (covered here).  Judge Buchwald had ruled there could be no “antitrust injury” because … Continue Reading

Judge Daniels Agrees With Judge Buchwald That Rate Manipulation Does Not Create Antitrust Injury

In a decision Friday dismissing antitrust claims arising from the alleged manipulation of Euroyen TIBOR and Yen-LIBOR rates, Judge Daniels agreed with Judge Buchwald — who dismissed similar allegations regarding LIBOR rates (see our post here) — that fixing rates does not give rise to antitrust injury because the process of establishing interest rate indexes … Continue Reading

American Idol Moves to Dismiss Discrimination Suit on First Amendment Grounds

The producers of American Idol last week moved to dismiss a discrimination suit alleging that African-American contestants with prior arrests or convictions were shamed and disqualified while similarly-situated white contestants were promoted as “second chance” stories. (See our prior post here.) The motion begins by highlighting the success of African-American contestants generally:… Continue Reading